Trump Lawyer Says Jack Smith Is Endangering American Legal System With Latest Indictment

A lawyer representing former President Donald Trump told Daily Wire Editor Emeritus Ben Shapiro that Justice Department special investigator Jack Smith was putting the American justice system in jeopardy after he brought another indictment against Trump.

In an interview with Trump’s attorney Jesse Binnall on the Wednesday episode of “The Ben Shapiro Show,” Binnall and Shapiro discussed the latest indictment against Trump over his alleged attempts to overturn the results of the 2020 election.

“They’re playing a super dangerous game here, not only because the charges are spurious, but also because the charges are serious. There’s every possibility that because there’s a D.C. jury, President Trump is convicted on these charges, it gets appealed and ends up in the Supreme Court of the United States,” Shapiro said.

The Daily Wire co-founder noted that he believed if the Supreme Court ruled in Trump’s favor, the high court would be completely delegitimized before the Left even though it would be the correct decision.

“We have really a system where Jack Smith is putting the entire credibility of the American justice system, no matter what side wins, at what level, really in jeopardy here. You know, I can tell you, one person that is really sweating right now is John Roberts, you know, the chief justice who puts the credibility of the judiciary very, very high,” Binnall said.

Binnall added that Smith was likely putting the Supreme Court in an impossible situation.

“It’s, quite frankly, a very, very sad day for the country and the rule of law. And the very unfortunate thing is we may look back at this time in history to say, oh boy, you remember back in 2023 when we were, you know, relatively united as a country compared to where we are in 2024 and 2025,” Binnall added.

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Shapiro and Binnall also discussed the nature of the charges, with both saying that the charges were legally dubious. Trump was charged with conspiracy to defraud the United States, conspiracy to obstruct an official proceeding, obstruction of and attempt to obstruct an official proceeding, and conspiracy against rights.

Shapiro said that the outcome of the case could lead to future legal disasters, especially with disputes over constitutional interpretation and issues like gerrymandering.

“I think that what Jack Smith is basing his strategy on here is that prosecutors favor the Washington, D.C., establishment. Prosecutors — especially at the Department of Justice — favor the Washington, D.C., establishment. So it’s very unlikely that those prosecutors would ever bring a case on the other side; that prosecutorial discretion is something that is only used against Donald Trump and his supporters,” Binnall said.